Rajasthan High Court - Jodhpur
Ashok Kumar Teli vs The Rajasthan State Road ... on 24 January, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/002035] (1 of 3) [CW-15645/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 15645/2021
Ashok Kumar Teli S/o Shri Bhanwar Lal, Aged About 62 Years, By
Caste Teli, R/o Gandhi Nagar Sector No. 4, Plot No. 107, Near
Radha Krishna Mandir, Chittorgarh, District Chittorgarh (Raj.).
----Petitioner
Versus
1. The Rajasthan State Road Transport Cor., Through
Managing Director, Head Office, Choumu House,
Parivahan Marg, Jaipur.
2. The Chairman, Rajasthan State Road Transport
Corporation, Head Office, Choumu House, Parivahan
Marg, Jaipur.
3. The Financial Advisor, Rajasthan State Road Transport
Corporation, Head Office, Choumu House, Parivahan
Marg, Jaipur.
4. The Chief Manager / Depot Manger, Rajasthan State Road
Transport Corporation, Chittorgarh Depot.
----Respondents
For Petitioner(s) : Mr. Sukesh Bhati
For Respondent(s) : Mr. Sunil Purohit
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/01/2023
It is submitted by learned counsel for the parties that the
controversy involved in this matter is squarely covered by the
judgment rendered by this Court in Lal Singh Vs. The
Rajasthan State Road Transport Corporation & Ors. (S.B.
Civil Writ Petition No.15682/2021) decided on 17.11.2021.
The order dated 17.11.2021 read as under:-
It is submitted by learned counsel for the parties
that the dispute raised in present writ petition has
already been adjudicated by this Court in Daulat Ram
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[2023/RJJD/002035] (2 of 3) [CW-15645/2021]
Vs. Chairman & Managing Director, RSRTC & Ors.
(S.B. Civil Writ Petition No.9687/2015), decided on
01.10.2015 and, therefore, the present writ petition may
also be disposed of in light of the said judgment.
This Court, while deciding the case of Daulat
Ram(supra), directed as under:-
"In this background, these writ petitions
deserve to be and are hereby allowed. The
respondent Corporations directed to reimburse the
entire dues of all its retired employees under all
heads including retiral benefits, overtime, night
allowance, earned leave etc. within a period of six
months. The due amount shall carry interest @
6% p.a. from the date of accrual till the date of
actual payment. The petitioners shall be at liberty
to submit detailed representations to the
concerned officers to settle the accounts and
facilitate the assessment of dues at the earliest.
No order as to costs."
In view of above, this writ petition is also allowed in
light of the judgment in case of Daulat Ram (supra) with
the same directions, as quoted hereinbefore.
The above order shall be subject to following
conditions:-
(i) While making the payment to the petitioner,
respondent Corporation shall take into account the
corresponding seniority (on the basis of date of
retirement) of all the retired employees.
(ii) In case, the respondents find petitioner's case as
emergent, payment may be made to him, out of the
seniority in terms of the order dated 30.03.2017, passed
by Jaipur Bench of this Court in SBCWP No.9127/2016.
(iii) The respondents may defer payment of interest
of gratuity for the time being, as observed in the
proceedings dated 17.01.2020 in SBWCP No.992/2018.
The stay application also stands disposed of.
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[2023/RJJD/002035] (3 of 3) [CW-15645/2021]
In light of such submission, the present writ petition as well
as stay petition are disposed in terms of the order passed by a
Coordinate Bench of this Court in Lal Singh (Supra).
All pending application also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
50-Sudheer/-
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